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CWDG Online :: View topic - Interesting comment regarding state rights
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Interesting comment regarding state rights

 
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John98
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PostPosted: Mon Mar 06, 2006 3:20 pm    Post subject: Interesting comment regarding state rights Reply with quote

Here's an interesting comment I just came across:

"Almost every State in the Union in turn declared its own sovereignity [sic] and denounced as almost treasonable similar declarations in other cases by other States."

-- American historian Alexander Johnston (1849-1889), quoted in the preface to State Documents on Federal Relations: The States and the United States, published in 1906 by the University of Pennsylvania (Herman V. Ames, ed.).

U. of Penn. historian Herman V. Ames in turn wrote, in 1906, that Johnston's comment is "fully sustained" by the documents.
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James_Longstreet
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PostPosted: Mon Mar 06, 2006 3:45 pm    Post subject: Reply with quote

OK... ...can someone explain in ENGLISH what this means???
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John98
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PostPosted: Mon Mar 06, 2006 4:25 pm    Post subject: Reply with quote

OK -- what I think Johnston's comment means is that, if you look at the history of the states before the CW, you'll see that almost every state, at one time or another, asserted that it was sovereign, distinguishable from the "United States" as a whole, and likewise almost every state denounced as treason the occasions when some other state made that assertion. Sometimes some states were the state-righters and other states were the Unionists, and at other times those roles were reversed.

So the secession crisis in 1860-61 was part of a pattern, only it went a lot farther than previous state-rights crises.
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PostPosted: Mon Mar 06, 2006 4:44 pm    Post subject: Reply with quote

Gottcha - Thanks

Well, the idiots HAD to realize that you cant have it both ways... and I guess herein lies ONE of the reasons why Confederacy failed
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PostPosted: Tue Mar 07, 2006 8:45 am    Post subject: Reply with quote

Anytime!
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GeorgeWashington
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PostPosted: Tue May 05, 2009 4:27 pm    Post subject: Reply with quote

Regardless of what anyone said, the undisputed fact remains that the original 13 states were each popularly sovereign nations, prior to ratifying the Constitution.
The question, therefore, was whether the sovereign powers of those states manifested an intent to relinquish that sovereignty by ratifying the Constitution, in order to truly form one single nation.

The facts abundantly prove that the states did not-- particularly in the Federalist papers, which were assurances given by the Federalist party to the peoples of the individual states, regarding the nature of the Constitution.
The Philadelphia convention was only delegated with the power to modify the Articles of Confederation, not relinquish sovereignty; therefore the convention had no authority to relinquish sovereignty, even if the delegates did so expressly-- which they did not.

Rather, all evidence indicates that the states simply intended to form a strong federal republic, as defined under the Law of Nations as "a perpetual confederacy" which preserves the national sovereignty of every member-state, rather than relinquishing it to merge multiple nations into a single nation. This was the fear of the anti-federalists, and the Federalist papers were written to allay such fears by providing assurances to the contrary-- particularly Madison in Federalist No. 39.
As such, both the respective sovereigns and their representative delegates of each state, expessly manifested intent to retain their respective state's national sovereignty within the federal union.

This was common knowledge until the 1830's, when Jackson and various others began revising history to claim the opposite, culminating in the Civil War when some states exercised their sovereignty against the federal government's claim of national authority over them.
However legal sovereignty cannot be illegally revoked.

James_Longstreet wrote:
Gottcha - Thanks

Well, the idiots HAD to realize that you cant have it both ways... and I guess herein lies ONE of the reasons why Confederacy failed


Indeed you can't, but that's not why the Confederacy failed.
"State's rights" are different from state sovereignty, simply being the voluntary agreements between the states regarding the Constitution-- and voluntary obedience to them, which naturally must be both mutual and performed in good faith; meanwhile state sovereignty is the state's absolute national authority over the territory of the state itself, without which states have no legal recourse against abuse by other states regarding bad faith or unilateral breach of such agreements.

The Republican party attempted to subvert state's rights in the Constitution, via majority-rule-- as Lincoln admitted in his 1858 "House Divided" speech's outright reversal, of everything he promised in his 1856 Republican promise to abide by Dred Scott in defining State's rights regarding slavery in the terrorities; and in response, the minority-states simply rejected this betrayal, by exercising their sovereign power to terminate the remaining Constitutional agreements with those defaulting Republican-run states.

Therefore it was Lincoln who wanted it both ways, i.e. to hold the South to the Supreme Court's decision if it want his way, but to reject it when it did not. Meanwhile, the Confederacy "failed" only due to numerical disadvantage, and their underestimation of Republican ruthlessness in creating a national empire out of a federal republic of sovereign states-- resulting in the illegal killings of 300,000 of their people by the United States government.
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James_Longstreet
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PostPosted: Tue May 05, 2009 6:24 pm    Post subject: Reply with quote

I said "ONE" of the reasons, Sir

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